June 4, 2013, Introduced by Senator SCHUITMAKER and referred to the Committee on Judiciary.
A bill to amend 1965 PA 203, entitled
"Commission on law enforcement standards act,"
by amending sections 1, 2, 3, 5, 6, 7, 9, 9a, 9b, 9c, 9d, 10, 11,
13, 14, and 15 (MCL 28.601, 28.602, 28.603, 28.605, 28.606, 28.607,
28.609, 28.609a, 28.609b, 28.609c, 28.609d, 28.610, 28.611, 28.613,
28.614, and 28.615), sections 1, 3, 5, 6, 7, 11, 14, and 15 as
amended and sections 9a, 9b, 9c, and 9d as added by 1998 PA 237,
section 2 as amended by 2004 PA 379, section 9 as amended by 2005
PA 239, and section 10 as amended by 2010 PA 67, and by adding
sections 16a, 16b, and 16c; and to repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act shall be known and may be cited as the
"Michigan commission on law enforcement standards act".
Sec. 2. As used in this act:
(a)
"Certificate" means a numbered document issued by the
commission
to a person who has received certification under this
act.
(b)
"Certification" means either of the following:
(i) A determination by the commission that a person
meets the
law
enforcement officer minimum standards to be employed as a
commission
certified law enforcement officer and that the person is
authorized
under this act to be employed as a law enforcement
officer.
(ii) A determination by the commission that a person
was
employed
as a law enforcement officer before January 1, 1977 and
that
the person is authorized under this act to be employed as a
law
enforcement officer.
(a) "Adjudication of guilt" means any of the following:
(i) Entry of a judgment or verdict of guilty, or guilty but
mentally ill, following a trial.
(ii) Entry of a plea of guilty or nolo contendere.
(iii) Entry of any of the adjudications specified in
subparagraph (i) or (ii), in conjunction with an order entered under
section 1 of chapter XI of the code of criminal procedure, 1927 PA
175, MCL 771.1, or any other order delaying sentence.
(iv) Entry of any of the adjudications specified in
subparagraph (i) or (ii), in conjunction with an assignment to the
status of youthful trainee under the Holmes youthful trainee act,
as provided in section 11 of chapter II of the code of criminal
procedure, 1927 PA 175, MCL 762.11.
(v) Entry of any of the adjudications specified in
subparagraph (i) or (ii), in conjunction with probation under section
7411 of the public health code, 1978 PA 368, MCL 333.7411.
(vi) Entry of any of the adjudications specified in
subparagraph (i) or (ii), in conjunction with probation under section
4a of chapter IX of the code of criminal procedure, 1927 PA 175,
MCL 769.4a.
(b) (c)
"Commission" means the Michigan commission
on law
enforcement
standards created in section 3.this
act or, by express
delegation of the Michigan commission on law enforcement standards,
its executive director and staff.
(c) (d)
"Contested case" means
that term as defined in section
3 of the administrative procedures act of 1969, 1969 PA 306, MCL
24.203.
(d) "Employed as a law enforcement officer" means to perform a
service or labor as a law enforcement officer for a law enforcement
agency in exchange for monetary compensation for all hours worked
at not less than the federal minimum wage established in the
federal fair labor standards act of 1938, without any diminution of
the law enforcement authority conferred by the laws under which the
person is employed.
(e) "Executive director" means the executive director of the
commission
appointed under section 12.this
act.
(f)
"Felony" means a violation of a penal law of this state or
another
state that is either of the following:
(i) Punishable by a term of imprisonment greater than
1 year.
(ii) Expressly designated a felony by statute.
(g)
"Fund" means the law enforcement officers training fund
created
in section 13.
(f) "Law enforcement agency" means an entity that is
established and maintained in accordance with the laws of this
state and is authorized by the laws of this state to appoint or
employ law enforcement officers.
(g) "Law enforcement officer" means:
(i) Except as provided in subparagraph (ii), a person employed
by a law enforcement agency as 1 or more of the following:
(A) A person authorized by law, including common law, to
prevent and detect crime and enforce the general criminal laws of
this state. This does not include a person serving solely because
he or she occupies any other office or position.
(B) A law enforcement officer of a Michigan Indian tribal
police force, subject to the limitations of section 9(5).
(C) The sergeant at arms or any assistant sergeant at arms of
either house of the legislature who is commissioned as a police
officer by that respective house of the legislature as provided by
the legislative sergeant at arms police powers act, 2001 PA 185,
MCL 4.381 to 4.382.
(D) A law enforcement officer of a multicounty metropolitan
district as provided under section 3 of 2004 PA 378, MCL 28.583,
subject to the limitations of section 9(6).
(E) A county prosecuting attorney's investigator sworn and
fully empowered by the sheriff of that county as provided under
article VII of the state constitution of 1963 and section 70 of
1846 RS 14, MCL 51.70.
(F) A fire arson investigator from a fire department within a
city with a population of not less than 600,000 who is sworn and
fully empowered by the city chief of police as provided under
section 3 of 1909 PA 279, MCL 117.3.
(G) Officers and investigators appointed by state departments
represented on the Michigan highway reciprocity board as provided
under section 15 of 1960 PA 124, MCL 3.175.
(H) A superintendent, watchperson, or guard appointed or
chosen as provided under sections 1 and 3 of 1905 PA 80, MCL 19.141
and 19.143.
(I) A commissioner or officer of the Michigan state police
appointed as provided under section 6 of 1935 PA 59, MCL 28.6.
(J) A conservation officer appointed by the Michigan state
police as provided under section 6a of 1935 PA 59, MCL 28.6a.
(K) An officer appointed by a public body as provided under
section 3 of the public body law enforcement agency act, 2004 PA
378, MCL 28.583.
(L) A general law township constable appointed to perform both
statutory criminal and civil duties as provided under section 82 of
1846 RS 16, MCL 41.82.
(M) An officer appointed to a general law township police
department as provided under section 6 of 1951 PA 33, MCL 41.806.
(N) A marshal, policeman, watchman, or officer appointed to a
charter township police force as provided under section 12 of the
charter township act, 1947 PA 359, MCL 42.12.
(O) A park ranger appointed by a county or regional parks and
recreation commission as provided under section 14 of 1965 PA 261,
MCL 46.364.
(P) A sheriff elected as provided under article VII of the
state constitution of 1963.
(Q) An undersheriff or deputy sheriff appointed as provided
under section 70 of 1846 RS 14, MCL 51.70.
(R) A police officer appointed by a general law village as
provided under section 13 of the general law village act, 1895 PA
3, MCL 70.13.
(S) A police officer appointed by a home rule village as
provided under section 22 of the home rule village act, 1909 PA
278, MCL 78.22.
(T) A marshal appointed to serve as chief of police of a
fourth class city as provided under section 16 of the fourth class
city act, 1895 PA 215, MCL 87.16.
(U) A constable appointed by a fourth class city as provided
under section 24 of the fourth class city act, 1895 PA 215, MCL
87.24.
(V) A police chief, policeman, or nightwatchman appointed by a
fourth class city as provided under section 1 of the fourth class
city act, 1895 PA 215, MCL 92.1.
(W) A police officer or constable appointed by a home rule
city as provided under sections 3 and 32 of the home rule city act,
1909 PA 279, MCL 117.3 and 117.32.
(X) An airport law enforcement officer, guard, or police
officer appointed by a public airport authority as provided under
section 116 of the aeronautics code of the state of Michigan, 1945
PA 327, MCL 259.116.
(Y) A conservation officer appointed by the director of the
department of natural resources as provided under section 1 of 1986
PA 109, MCL 300.21, or sections 1501, 1601, and 1606(1) of the
natural resources and environmental protection act, 1994 PA 451,
MCL 324.1501, 324.1601, and 324.1606.
(Z) A public safety officer appointed to a department of
public safety as provided under section 1606b of the revised school
code, 1976 PA 451, MCL 380.1606b.
(AA) A public safety officer appointed by a community college
as provided under section 128 of the community college act of 1966,
1966 PA 331, MCL 389.128.
(BB) A public safety officer appointed by the board of control
of Saginaw valley state university as provided under section 5a of
1965 PA 278, MCL 390.715a.
(CC) A public safety officer appointed by the board of control
of a higher education institution as provided under section 1 of
1990 PA 120, MCL 390.1511.
(DD) An investigator appointed by the attorney general as
provided under section 10 of the medicaid false claim act, 1977 PA
72, MCL 400.610.
(EE) An investigator appointed by the attorney general as
provided under section 8 of the health care false claim act, 1984
PA 323, MCL 752.1008.
(FF) A railroad police officer acting as provided under
section 367 of the railroad code of 1993, 1993 PA 354, MCL 462.367,
and subject to the training requirements under subsection (2) of
that section.
(GG) An inspector appointed by the state transportation
commission as provided under section 13 of the motor carrier act,
1933 PA 254, MCL 479.13.
(HH) A law enforcement officer licensed under this act whose
duties are performed in conjunction with a joinder of 2 or more
municipal corporations under section 1 of 1951 PA 35, MCL 124.1.
(II) A law enforcement officer licensed under this act whose
duties are performed in conjunction with an interlocal agreement
entered into under 1967 (Ex Sess) PA 7, MCL 124.501 to 124.512.
(JJ) A law enforcement officer licensed under this act whose
duties are performed in conjunction with a transfer of functions or
responsibilities under 1967 (Ex Sess) PA 8, MCL 124.531 to 124.536.
(KK) A law enforcement officer licensed under this act whose
duties have been transferred to an authority and who is given a
comparable position of employment with that authority as provided
under 1967 (Ex Sess) PA 8, MCL 124.531 to 124.536.
(ii) "Law enforcement officer" does not include any of the
following:
(A) A general law township constable appointed as a district
court officer or appointed to perform civil duties, but not
statutory criminal duties, as provided in section 82 of 1846 RS 16,
MCL 41.82.
(B) A temporary policeman appointed under section 2 of the
fourth class city act, 1895 PA 215, MCL 92.2.
(C) A person authorized to issue citations as a volunteer as
provided under section 675d of the Michigan vehicle code, 1949 PA
300, MCL 257.675d.
(D) A security employee appointed by the director of the
department of state police as provided under section 6c of 1935 PA
59, MCL 28.6c.
(E) A motor carrier officer appointed by the department of
state police as provided in section 6d of 1935 PA 59, MCL 28.6d,
section 5 of 1956 PA 62, MCL 257.955, and section 73 of 2006 PA
108, MCL 257.1873.
(F) The director of the department of agriculture granted
peace officer authority as provided in section 9h of the motor
fuels quality act, 1984 PA 44, MCL 290.649h.
(G) An agent of the department of energy, labor, and economic
growth granted peace officer authority as provided in section 27 of
the private security business and security alarm act, 1968 PA 330,
MCL 338.1077.
(H) An attendance officer granted the powers of a deputy
sheriff as provided in section 1571 of the revised school code,
1976 PA 451, MCL 380.1571.
(I) A park and recreation officer commissioned under section
1606(2) of the natural resources and environmental protection act,
1994 PA 451, MCL 324.1606.
(J) A volunteer conservation officer appointed by the
department of natural resources as provided in section 1607 of the
natural resources and environmental protection act, 1994 PA 451,
MCL 324.1607.
(K) A state forest officer appointed by the director of the
department of natural resources as provided in section 83107 of the
natural resources and environmental protection act, 1994 PA 451,
MCL 324.83107.
(L) A special deputy appointed by a sheriff to do particular
acts under section 70 of RS 1846, MCL 51.70.
(M) An officer appointed to conduct salvage vehicle
inspections as provided in section 217c of the Michigan vehicle
code, 1949 PA 300, MCL 257.217c.
(N) A private security guard, private security police officer,
or private college security force officer employed or appointed as
provided in the private security business and security alarm act,
1968 PA 330, MCL 338.1051 to 338.1092.
(O) The attorney general.
(P) The secretary of state.
(Q) A member of the highway reciprocity board granted peace
officer authority under section 15 of 1960 PA 124, MCL 3.175.
(R) A member of a sheriff's posse.
(S) A police auxiliary.
(T) A reserve officer.
(U) An officer or investigator appointed by the department of
state under section 213 of the Michigan vehicle code, 1949 PA 300,
MCL 257.213.
(V) An authorized agent of the state transportation department
or a county road commission performing duties authorized under
section 724 of the Michigan vehicle code, 1949 PA 300, MCL 257.724.
(W) An enforcement officer appointed by the aeronautics
commission under section 55 of the aeronautics code of the state of
Michigan, 1945 PA 327, MCL 259.55.
(X) A railroad conductor acting under section 3 of 1913 PA 68,
MCL 436.203.
(Y) An inspector authorized to enforce the Michigan liquor
control code of 1998, 1998 PA 58, MCL 436.1101 to 436.2303, and
rules promulgated by the liquor control commission as provided in
section 201 of the Michigan liquor control code of 1998, 1998 PA
58, MCL 436.1201.
(Z) A person not licensed under this act whose law enforcement
duties are performed in conjunction with a joinder of 2 or more
municipal corporations under 1951 PA 35, MCL 124.1 to 124.13.
(AA) A person not licensed under this act whose law
enforcement duties are performed in conjunction with an interlocal
agreement entered into under the urban cooperation act of 1967,
1967 (Ex Sess) PA 7, MCL 124.501 to 124.512.
(BB) A person not licensed under this act whose law
enforcement duties are performed in conjunction with a transfer of
functions or responsibilities under 1967 (Ex Sess) PA 8, MCL
124.531 to 124.536.
(CC) A person not licensed under this act whose law
enforcement duties have been transferred to an authority and who is
given a comparable position of employment with that authority as
provided under 1988 PA 57, MCL 124.601 to 124.614.
(h) "Law enforcement officer minimum standards" means
standards established by the commission under this act that a
person
must meet to be eligible for certification licensure under
section
9a(1).this act, unless the
person was employed as a law
enforcement officer before January 1, 1977 or is appointed or
elected to the office of sheriff.
(i) "Law enforcement officer of a Michigan Indian tribal
police
force" means a regularly employed member of a police force
of
a Michigan Indian tribe who is appointed pursuant to former
under
title 25 CFR 12.100 to 12.103.of the code of federal
regulations.
(j) "License" means any of the following:
(i) A determination by the commission that a person meets the
law enforcement minimum standards and is eligible to be employed as
a law enforcement officer.
(ii) A determination by the commission that a person was
employed as a law enforcement officer before January 1, 1977 and is
eligible to be employed as a law enforcement officer.
(iii) A determination by the commission that a person is
appointed or elected to the office of sheriff.
(k) "Licensure" means issuance of a license under this act.
(l) (j)
"Michigan Indian tribe"
means a federally recognized
Indian tribe that has trust lands located within this state.
(m) (k)
"Multicounty metropolitan
district" means an entity
authorized
and established pursuant to under
state law by 2 or more
counties with a combined population of not less than 3,000,000, for
the purpose of cooperative planning, promoting, acquiring,
constructing, owning, developing, maintaining, or operating parks.
(l) "Police officer" or "law
enforcement officer" means, unless
the
context requires otherwise, any of the following:
(i) A regularly employed member of a law enforcement agency
authorized
and established pursuant to law, including common law,
who
is responsible for the prevention and detection of crime and
the
enforcement of the general criminal laws of this state. Police
officer
or law enforcement officer does not include a person
serving
solely because he or she occupies any other office or
position.
(ii) A law enforcement officer of a Michigan Indian
tribal
police
force, subject to the limitations set forth in section 9(3).
(iii) The sergeant at arms or any assistant sergeant at
arms of
either
house of the legislature who is commissioned as a police
officer
by that respective house of the legislature as provided by
the
legislative sergeant at arms police powers act, 2001 PA 185,
MCL
4.381 to 4.382.
(iv) A law enforcement officer of a multicounty
metropolitan
district,
subject to the limitations of section 9(7).
(v) A county prosecuting attorney's investigator sworn
and
fully
empowered by the sheriff of that county.
(vi) Until December 31, 2007, a law enforcement officer
of a
school
district in this state that has a membership of at least
20,000
pupils and that includes in its territory a city with a
population
of at least 180,000 as of the most recent federal
decennial
census.
(vii) A fire arson investigator from a fire department
within a
city
with a population of not less than 750,000 who is sworn and
fully
empowered by the city chief of police.
(n) (m)
"Rule" means a rule
promulgated pursuant to under
the
administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to
24.328.
Sec. 3. (1) The Michigan commission on law enforcement
standards is created to carry out the intent of this act.
(2)
The commission consists of the following 11 members:
(a) The attorney general, or his or her designated
representative from within the department of attorney general.
(b) The director of the department of state police, or his or
her designated representative who is a police officer within the
department of state police.
(c) The chief of a police department of a city that has a
population of more than 600,000, or his or her designee who is a
command officer within that department.
(d) (c)
Nine The following members appointed by the governor,
with
the advice and consent of subject
to disapproval by the senate
under section 6 of article V of the state constitution of 1963, as
follows:
(i) Three individuals selected from a list of 6 not fewer than
9 active voting members of and submitted by the Michigan
association
of chiefs of police. or its successor organization.
(ii) Three individuals selected from a list of 6 not fewer than
9 elected sheriffs submitted by the Michigan sheriffs' association.
or
its successor organization.
(iii) One individual selected from a list of not fewer than 3
county prosecuting attorneys submitted by the prosecuting attorneys
association of Michigan.
(iv) One individual selected from a list of not fewer than 3
individuals submitted by the criminal defense attorneys of
Michigan.
(v) One individual selected from a list of not fewer than 3
individuals submitted by the Michigan state police troopers
association.
(vi) (iii) One
individual selected from a list of not
fewer than
3 names submitted by the Michigan chapter of the fraternal order of
the
police. or its successor organization.
(vii) (iv) One
individual selected from a list of not
fewer than
3 names submitted by the police officers association of Michigan.
or
its successor organization.
(viii) (v) One
individual selected from a list of not
fewer than
3
individuals submitted by the Detroit police officers associations
or
their successor organizations.a
police association representing
officers employed by a police agency employing more than 14% of the
police officers in this state.
(ix) One individual selected from a list of not less than 3
individuals nominated by the police officers labor council of
Michigan.
(x) One individual selected from a list of not less than 3
individuals nominated by the Michigan association of police.
(xi) The governor may appoint any individual meeting the
membership requirements of the organizations listed in
subparagraphs (i) to (x) if the organization permitted to submit a
list of individuals fails to submit a complete list of qualified
nominees at least 30 days before a vacancy created by the
expiration of a term, or not less than 30 days after the effective
date of any other vacancy.
(e) (d)
An individual selected under
subdivision (c) (d) shall
serve as a commission member only while serving as a member of the
respective
organizations in subparagraphs (i) to (v).organization
that submitted his or her name to the governor for appointment.
(f) Members of the commission appointed or reappointed under
subdivision (d)(i) to (viii) after December 31, 2008 shall be
appointed for a term of 4 years.
(g) Of the members of the commission initially appointed by
the governor under subdivision (d)(ix) and (x), 1 member shall be
appointed for a term expiring November 1, 2009 and 1 member shall
be appointed for a term expiring on November 1, 2010. After the
initial appointments, members of the commission appointed under
subdivision (d)(ix) and (x) shall be appointed for a term of 4
years.
(3)
The terms of the members of the law enforcement officers
training
council expire on the date that all members of the
commission
on law enforcement standards are appointed.
(3) A vacancy on the commission occurring other than by
expiration of a term shall be filled by the governor in the same
manner as the original appointment for the balance of the unexpired
term.
Sec. 5. (1) The commission shall elect from among its members
a chairperson and a vice-chairperson who shall serve for 1-year
terms and who may be reelected.
(2) Membership on the commission does not constitute holding a
public office, and members of the commission are not required to
take and file oaths of office before serving on the commission.
(3)
The commission does not have the right to exercise any
portion
of the sovereign power of the state.
(3) (4)
A member of the commission is not
disqualified from
holding any public office or employment by reason of his or her
appointment or membership on the commission and shall not forfeit
any public office or employment because of his or her appointment
to the commission, notwithstanding any general, special, or local
law, ordinance, or city charter.
Sec. 6. (1) The commission shall meet not less than 4 times in
each year and shall hold special meetings when called by the
chairperson or, in the absence of the chairperson, by the vice-
chairperson. A special meeting of the commission shall be called by
the chairperson upon the written request of 5 members of the
commission.
(2) The commission shall establish its own procedures and
requirements with respect to quorum, place and conduct of its
meetings, and other matters.
(3) The commission may establish other procedures and
requirements governing its operations to carry out the intent of
this act.
(4) (3)
The commission's business shall be
conducted in
compliance with the open meetings act, 1976 PA 267, MCL 15.261 to
15.275. Public notice of the time, date, and place of the meeting
shall be given in the manner required by the open meetings act,
1976 PA 267, MCL 15.261 to 15.275.
Sec. 7. The commission shall make an annual report to the
governor that includes pertinent data regarding the law enforcement
officer minimum standards and the degree of participation of
municipalities in the training programs, as well as any other
information the governor requests or the commission considers
appropriate.
Sec. 9. (1) The commission shall promulgate rules to establish
law
enforcement officer minimum standards. The rules do not apply
to
a member of a sheriff's posse or a police auxiliary temporarily
performing
his or her duty under the direction of the sheriff or
police
department. In promulgating the law
enforcement officer
minimum standards, the commission shall give consideration to the
varying factors and special requirements of local police agencies.
The law enforcement officer minimum standards shall include all of
the following:
(a)
Minimum standards of physical, educational, mental,
psychological, and moral fitness that govern the recruitment,
selection, appointment, and certification of law enforcement
officers.
(b) Minimum educational requirements that may be met by either
of the following:
(i) Minimum courses of study, attendance requirements, and
instructional
hours required at approved police training
schools.law enforcement training academies.
(c)
Minimum basic training requirements that a person,
excluding
sheriffs, shall complete before being eligible for
certification
under section 9a(1).
(2)
If a person's certification under section 9a(1) becomes
void
under section 9a(4)(b), the commission shall waive the
requirements
described in subsection (1)(b) for certification of
the
person under section 9a(1) if 1 or more of the following apply:
(a)
The person has been employed 1 year or less as a
commission
certified law enforcement officer and is again employed
as
a law enforcement officer within 1 year after discontinuing
employment
as a commission certified law enforcement officer.
(b)
The person has been employed more than 1 year but less
than
5 years as a commission certified law enforcement officer and
is
again employed as a law enforcement officer within 18 months
after
discontinuing employment as a commission certified law
enforcement
officer.
(c)
The person has been employed 5 years or more as a
commission
certified law enforcement officer and is again employed
as
a law enforcement officer within 2 years after discontinuing
employment
as a commission certified law enforcement officer.
(d)
The person has successfully completed the mandatory
training
and has been continuously employed as a law enforcement
officer,
but through no fault of that person the employing agency
failed
to obtain certification for that person as required by this
act.
(3)
A commission certified law enforcement officer who is a
member
of any of the reserve components of the United States armed
forces
and who is called to active duty in the armed forces is not
considered
to have discontinued his or her employment as a
commission
certified law enforcement officer under section
9a(4)(b).
The person's certification under section 9a(1) shall not
become
void during that term of active military service. However,
the
certification of a certified law enforcement officer described
in
this subsection may be revoked under section 9b if the officer
committed
an offense during the period of active duty in the armed
forces
that resulted in a conviction enumerated in section 9b(1).
As
used in this subsection, "reserve components of the United
States
armed forces" means that term as defined in section 2 of the
military
family relief fund act, 2004 PA 363, MCL 35.1212. This
subsection
does not apply to a commission certified law enforcement
officer
who volunteers for a term of active military service or who
voluntarily
extends a term of active military service that began
when
he or she was called to active duty. This subsection does not
apply
to a commission certified law enforcement officer who is
dishonorably
discharged from a term of active military service.
(ii) Successful completion of a recognition of prior basic law
enforcement training and experience program for granting a waiver
from the law enforcement officer minimum standard specified in
subparagraph (i).
(c) Minimum proficiency on a licensing examination
administered after completion of the law enforcement officer
minimum standard specified in subdivision (b).
(2) (4)
The commission shall promulgate
rules with respect to
all of the following:
(a)
The categories or classifications of advanced in-service
training
programs for commission certified law enforcement officers
and
minimum courses of study and attendance requirements for the
categories
or classifications.
(b)
The establishment of subordinate regional training centers
in
strategic geographic locations in order to serve the greatest
number
of police agencies that are unable to support their own
training
programs.
(c)
The commission's acceptance of certified basic police
training
and law enforcement experience received by a person in
another
state in fulfillment in whole or in part of the law
enforcement
officer minimum standards.
(a) Administering the recognition of prior basic law
enforcement training and experience program.
(b) In-service training programs for licensed law enforcement
officers and minimum courses of study and attendance requirements.
(c) The establishment of law enforcement training academies in
strategic geographic locations in order to serve the greatest
number of law enforcement agencies that are unable to support their
own training programs.
(d)
The commission's approval of police training schools law
enforcement training academies administered by this state, a city,
county, township, village, corporation, college, community college
or university.
(e) The minimum qualifications for instructors at approved
police
training schools.law
enforcement training academies.
(f) The minimum facilities and equipment required at approved
police
training schools.law
enforcement training academies.
(g) The establishment of preservice basic training programs at
colleges and universities.
(h)
Acceptance of basic police training and law enforcement
experience
received by a person in fulfillment in whole or in part
of
the law enforcement officer minimum standards prepared and
published
by the commission if both of the following apply:
(i) The person successfully completed the basic police
training
in
another state or through a federally operated police training
school
that was sufficient to fulfill the minimum standards
required
by federal law to be appointed as a law enforcement
officer
of a Michigan Indian tribal police force.
(ii) The person is or was a law enforcement officer of
a
Michigan
Indian tribal police force for a period of 1 year or more.
(5)
Except as otherwise provided in this section, a regularly
employed
person employed on or after January 1, 1977 as a member of
a
police force having a full-time officer is not empowered to
exercise
all the authority of a peace officer in this state, or be
employed
in a position for which the authority of a peace officer
is
conferred by statute, unless the person has received
certification
under section 9a(1).
(6)
A law enforcement officer employed before January 1, 1977
may
continue his or her employment as a law enforcement officer and
participate
in training programs on a voluntary or assigned basis
but
failure to obtain certification under section 9a(1) or (2) is
not
grounds for dismissal of or termination of that employment as a
law
enforcement officer. A person who was employed as a law
enforcement
officer before January 1, 1977 who fails to obtain
certification
under section 9a(1) and who voluntarily or
involuntarily
discontinues his or her employment as a law
enforcement
officer may be employed as a law enforcement officer if
he
or she was employed 5 years or more as a law enforcement officer
and
is again employed as a law enforcement officer within 2 years
after
discontinuing employment as a law enforcement officer.
(3) A person shall not be employed as a law enforcement
officer in this state unless he or she is licensed under this act.
(4) A person licensed under this act and employed as a law
enforcement officer may exercise the law enforcement authority
conferred by the law under which he or she is employed as a law
enforcement officer.
(5) (7)
A law enforcement officer of a
Michigan Indian tribal
police
force is not empowered to shall
not exercise the law
enforcement
authority of a peace officer under
the laws of this
state
and shall not be employed in a position for which peace
officer
authority is granted under the laws of this state conferred
under the laws by which he or she is employed as a law enforcement
officer unless all of the following requirements are met:
(a)
The tribal law enforcement officer is certified licensed
under this act.
(b)
The tribal law enforcement officer is 1 either of the
following:
(i) Deputized by the sheriff of the county in which the trust
lands of the Michigan Indian tribe employing the tribal law
enforcement officer are located, or by the sheriff of any county
that borders the trust lands of that Michigan Indian tribe,
pursuant
to under section 70 of 1846 RS 14, MCL 51.70.
(ii) Appointed as a police law enforcement officer of the state
or a city, township, charter township, or village that is
authorized by law to appoint individuals as police officers.
(c) The deputation or appointment of the tribal law
enforcement
officer described in subdivision (b) is made pursuant
to
under a written contract that includes terms the
appointing
authority under subdivision (b) may require between the state or
local law enforcement agency and the tribal government of the
Michigan Indian tribe employing the tribal law enforcement officer.
(d)
The written contract described in subdivision (c) is
incorporated
into a self-determination contract, grant agreement,
or
cooperative agreement between the United States secretary of the
interior
and the tribal government of the Michigan Indian tribe
employing
the tribal law enforcement officer pursuant to the Indian
self-determination
and education assistance act, Public Law 93-638,
88
Stat. 2203.
(6) (8)
A law enforcement officer of a
multicounty
metropolitan district, other than a law enforcement officer
employed by a law enforcement agency created under the public body
law
enforcement agency act, is not empowered to 2004 PA 378, MCL
28.581
to 25.590, may not exercise the law enforcement authority of
a
peace officer under the laws of this state and shall not be
employed
in a position for which peace officer authority is granted
under
the laws of this state conferred
under the laws by which he
or she is employed as a law enforcement officer unless all of the
following requirements are met:
(a)
The law enforcement officer has met or exceeded minimum
standards
for certification under this act.is
licensed under this
act.
(b) The law enforcement officer is deputized by the sheriff or
sheriffs of the county or counties in which the land of the
multicounty metropolitan district employing the law enforcement
officer is located and in which the law enforcement officer will
work,
pursuant to under section 70 of 1846 RS 14, MCL 51.70.
(c) The deputation or appointment of the law enforcement
officer
is made pursuant to under a written agreement that includes
terms the deputizing authority under subdivision (b) may require
between the state or local law enforcement agency and the governing
board of the multicounty metropolitan district employing the law
enforcement officer.
(d) The written agreement described in subdivision (c) is
filed with the commission.
(9)
A public body that creates a law enforcement agency under
the
public body law enforcement agency act and that employs 1 or
more
law enforcement officers certified under this act shall be
considered
to be a law enforcement agency for purposes of section
9d.
(10)
The commission may establish an evaluation or testing
process,
or both, for granting a waiver from the law enforcement
officer
minimum standards regarding training requirements to a
person
who has held a certificate under this act and who
discontinues
employment as a law enforcement officer for a period
of
time exceeding the time prescribed in subsection (2)(a) to (c)
or
(6), as applicable.
Sec.
9a. (1) The commission shall grant certification a
license to a person who meets the law enforcement officer minimum
standards
at the time he or she is employed as a law enforcement
officer.and who will be employed as a law enforcement
officer upon
being licensed. A license granted under this subsection shall
remain valid until any of the following occur:
(a) The license is rendered void by a court order or by other
operation of law.
(b) The license is revoked or suspended as provided under
section 9b.
(c) The license lapses under either of the following
conditions:
(i) The person, having been employed as a law enforcement
officer in aggregate for less than 2,080 hours, is thereafter
continuously not employed as a law enforcement officer for 1 year.
A person whose license lapses under this subsection shall not be
relicensed unless he or she meets the law enforcement officer
minimum standards or is appointed or elected to the office of
sheriff.
(ii) The person, having been employed as a law enforcement
officer in aggregate for 2,080 hours or longer, is thereafter
continuously not employed as a law enforcement officer for 2 years.
A person whose license lapses under this subsection shall not be
relicensed unless he or she meets the law enforcement officer
minimum standards or is appointed or elected to the office of
sheriff.
(2)
The commission shall grant certification a license to a
person who was employed as a law enforcement officer before January
1,
1977 and who fails to meet the law enforcement officer minimum
standards
if the person is authorized to be employed as a law
enforcement
officer under section 9.and
who will be employed as a
law enforcement officer upon being licensed, without regard to
whether he or she meets the law enforcement officer minimum
standards. A license granted under this subsection shall remain
valid until any of the following occur:
(a) The license is rendered void by a court order or by other
operation of law.
(b) The license is revoked or suspended as provided under
section 9b.
(c) The license lapses under either of the following
conditions:
(i) The person, having been employed as a law enforcement
officer in aggregate for less than 2,080 hours, is thereafter
continuously not employed as a law enforcement officer for 1 year.
A person whose license lapses under this subsection shall not be
relicensed unless he or she meets the law enforcement officer
minimum standards or is appointed or elected to the office of
sheriff.
(ii) The person, having been employed as a law enforcement
officer in aggregate for 2,080 hours or longer, is thereafter
continuously not employed as a law enforcement officer for 2 years.
A person whose license lapses under this subsection shall not be
relicensed unless he or she meets the law enforcement officer
minimum standards or is appointed or elected to the office of
sheriff.
(3)
The commission shall grant certification to an elected
sheriff,
which certification shall remain valid only while that
sheriff
is in office.
(4)
Certification granted to a person under this act is valid
until
either of the following occurs:
(a)
The certification is revoked.
(b)
The certification becomes void because the person
discontinues
his or her employment as a commission certified law
enforcement
officer.
(5)
The commission shall issue a certificate to a person who
has
received certification. A certificate issued to a person
remains
the property of the commission.
(6)
Upon request of the commission, a person whose
certification
is revoked, or becomes void because the person
discontinues
his or her employment as a commission certified law
enforcement
officer, shall return to the commission the certificate
issued
to the person. A violation of this subsection is a
misdemeanor,
punishable by imprisonment for 90 days, a fine of not
more
than $500.00, or both.
(3) The commission shall grant a license to an elected or
appointed sheriff without regard to whether he or she meets the law
enforcement officer minimum standards. A license granted under this
subsection shall remain valid until any of the following occur:
(a) The person no longer holds office as a sheriff.
(b) The license is rendered void by a court order or by other
operation of law.
(c) The license is revoked or suspended as provided under
section 9b.
(4) The commission may promulgate rules to establish
procedures for verifying compliance with the law enforcement
officer minimum standards, verifying and reporting employment as a
law enforcement officer, granting a license, issuing proof of
licensure, documenting the validity or invalidity of a license, and
documenting and reporting changes in a law enforcement agency's
conference of law enforcement authority upon law enforcement
officers. The commission shall have access to the law enforcement
information network, the automated fingerprint identification
system, and other criminal history databases for the purpose of
verifying compliance with the law enforcement officer minimum
standards and determining suitability for admission to law
enforcement training academies and the prior basic law enforcement
training and experience program.
(5) A person licensed under this act who is a member of any of
the reserve components of the United States armed forces and who is
called to active duty in the armed forces has not discontinued
employment as a law enforcement officer for purposes of this
section, unless the officer has been dishonorably discharged from a
term of active military service. As used in this subsection,
"reserve components of the United States armed forces" means that
term as defined in section 2 of the military family relief fund
act, 2004 PA 363, MCL 35.1212. The person's license may be revoked
as provided under section 9b while the person is on active duty in
the armed forces. A person licensed under this act who volunteers
for a term of active military service or who voluntarily extends a
term of active military service that began when he or she was
called to active duty has discontinued employment as a law
enforcement officer for purposes of this section.
Sec.
9b. (1) The commission shall promulgate rules that
provide
for the revocation of certification of a law enforcement
officer
for 1 or more of the following:
(a)
Conviction by a judge or jury of a felony.
(b)
Conviction by a plea of guilty to a felony.
(c)
Conviction by a plea of no contest to a felony.
(d)
Making a materially false statement or committing fraud
during
the application for certification process.
(2)
The rules shall provide for the suspension of a law
enforcement
officer from use of the law enforcement information
network
in the event the law enforcement officer wrongfully
discloses
information from the law enforcement information network.
(3)
Except as provided in subsection (4), if the commission
issues
a final decision or order to revoke the certification of a
law
enforcement officer, that decision or order is subject to
judicial
review as provided in the administrative procedures act of
1969,
1969 PA 306, MCL 24.201 to 24.328.
(4)
A petition for judicial review of a final decision or
order
of the commission revoking the certification of a law
enforcement
officer shall be filed only in the circuit court for
Ingham
county.
(5)
The commission may issue a subpoena in a contested case to
revoke
a law enforcement officer's certification. The subpoena
shall
be issued as provided in section 73 of the administrative
procedures
act of 1969, 1969 PA 306, MCL 24.273.
(1) The commission shall promulgate rules requiring mandatory
revocation of a law enforcement officer license for 1 or more of
the following:
(a) Obtaining a law enforcement officer license because the
law enforcement officer or another person made a materially false
oral or written statement or committed fraud in an affidavit,
disclosure, or application to a law enforcement training academy,
the commission, or a law enforcement agency at any stage of
recruitment, selection, appointment, enrollment, training, or
licensure.
(b) An adjudication of guilt for any violation or attempted
violation of a penal law of this state, another state, a military
court, a tribal court, a political subdivision of this state or of
another state, the United States, or another country, that is
punishable by imprisonment for more than 2 years.
(2) The commission shall promulgate rules that may allow
revocation of a law enforcement officer license if the licensee is
subject to an adjudication of guilt for any violation or attempted
violation of a penal law of this state, another state, a military
court, a tribal court, a political subdivision of this state or of
another state, the United States, or another country, to which any
of the following apply:
(a) An element of the offense is dishonesty, false statement,
or theft.
(b) An element of the offense is assault, battery, or
threatening, intimidating, or harassing behavior directed toward an
individual.
(c) An element of the offense is an act or omission causing
personal injury to an individual.
(d) An element of the offense is the use or possession of, or
conspiracy to use or possess, any schedule 1 or 2 controlled
substance as defined in sections 7212 and 7214 of the public health
code, 1978 PA 368, MCL 333.7212 and 333.7214.
(e) An element of the offense is willful neglect of duty as a
law enforcement officer.
(f) An element of the offense is resisting or obstructing a
law enforcement officer or other public official in the discharge
of his or her duty.
(g) Registration as a sex offender under the sex offenders
registration act, 1994 PA 295, MCL 28.721 to 28.736, is required.
(3) The commission shall initiate administrative license
revocation proceedings, including, but not limited to, issuing an
order of summary suspension and notice of intent to revoke, upon
being given notice of facts warranting revocation as provided in
subsection (1) and may initiate license revocation proceedings,
including, but not limited to, issuing an order of summary
suspension and notice of intent to revoke, upon being given notice
of facts warranting revocation as provided in subsection (2).
(4) The commission need not delay or abate license revocation
proceedings based on an adjudication of guilt if an appeal is taken
from the adjudication of guilt.
(5) The commission shall promulgate rules that allow
suspension of a law enforcement officer license for 1 or more of
the following:
(a) Being charged with a criminal offense that is punishable
by imprisonment for more than 2 years and that is determined by the
commission to pose a threat to public health, safety, and welfare.
(b) Seeking, obtaining, or maintaining employment with a
different law enforcement agency after being suspended by a law
enforcement agency with which he or she is employed as a result of
being charged with 1 or more designated offenses set forth in
subsection (1) or (2).
(6) In making the determination described in subsection (5),
the commission may regard decisions made by a court regarding
pretrial release under MCR 6.106, including conditions of bond, if
any, as prima facie evidence of a threat to the public health,
safety, and welfare.
(7) An order of suspension issued by the commission shall
specify the conditions under which the license will be reinstated.
(8) If the commission issues a final decision or order to
revoke or suspend the license of a law enforcement officer, that
decision or order is subject to judicial review as provided in the
administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to
24.328. A summary suspension issued under subsection (3) is not a
final decision or order for purposes of this subsection.
(9) The commission may issue a subpoena in a contested case to
revoke or suspend a law enforcement officer's license. The subpoena
shall be issued as provided in section 73 of the administrative
procedures act of 1969, 1969 PA 306, MCL 24.273.
Sec. 9c. (1) The commission may investigate alleged violations
of this act or rules promulgated under this act.
(2) In conducting an investigation, the commission may hold
hearings, administer oaths, issue subpoenas, and order testimony to
be taken at a hearing or by deposition. A hearing held under this
section shall be conducted in accordance with chapter 4 of the
administrative procedures act of 1969, 1969 PA 306, MCL 24.271 to
24.287. A final decision or order issued by the commission is
subject to judicial review as provided by chapter 6 of the
administrative procedures act of 1969, 1969 PA 306, MCL 24.301 to
24.306. A petition for judicial review of a final decision or order
of the commission shall be adjudicated only in the circuit court
for Ingham county.
(3) The commission may issue a subpoena to do either of the
following:
(a) Compel the attendance of a witness to testify at a hearing
or deposition and give testimony.
(b) Produce books, papers, documents, or other items.
(4) If a subpoena issued by the commission is not obeyed, the
commission may petition the circuit court to require the attendance
of a witness or the production of books, papers, documents, or
other items. The circuit court may issue an order requiring a
person to appear and give testimony or produce books, papers,
documents, or other items. Failure to obey the order of the circuit
court may be punished by the court as a contempt of court.
(5) The commission has standing to commence an action in the
circuit court for Ingham county to compel compliance with this act
or 1982 PA 302, MCL 18.421 to 18.428, or an administrative rule
promulgated under this act or 1982 PA 302, MCL 18.421 to 18.428.
Sec. 9d. (1) A law enforcement agency shall maintain an
employment history record for each law enforcement officer employed
by the law enforcement agency in the manner prescribed by the
commission.
(2) A law enforcement agency shall report the date on which
each person commences or terminates employment as a law enforcement
officer for the law enforcement agency in the manner prescribed by
the commission.
(3) A law enforcement agency shall collect, verify, and
maintain documentation establishing that an applicant for
employment as a law enforcement officer met or exceeded the minimum
selection and employment standards established in rules promulgated
under this act at the time the applicant began employment with the
agency.
(4) A law enforcement agency shall collect, verify, and
maintain documentation establishing that the law enforcement
authority of a law enforcement officer has been diminished from
that previously conferred by the laws under which the officer is
employed as a law enforcement officer.
Sec.
10. (1) The commission may enter into agreements with
public
or private colleges, universities, or other agencies and
other governmental and private entities to carry out the intent of
this act.
(2)
The commission may impose a reasonable fee for performing
any
service identified in sections 37 to 42 of the private security
business
and security alarm act, 1968 PA 330, MCL 338.1087 to
338.1092,
which shall be payable by the private college or
university
in connection with which the duties are performed. No
fee
shall exceed the commission's actual cost incurred in
performing
agreed-upon duties.
Sec. 11. (1) The commission may do all of the following:
(a)
Visit and inspect a police training school, academy, or
examine the curriculum or training procedures of a police training
school,
academy, for which application for approval of the school
academy has been made.
(b) Issue certificates of approval to police training
schools.academies.
(c) Authorize the issuance of certificates of graduation or
diplomas
by approved police training schools academies to law
enforcement officers who have satisfactorily completed minimum
courses of study.
(d) Cooperate with state, federal, and local police agencies
to
establish and conduct local or area schools, academies, or
regional training centers for instruction and training of law
enforcement officers of this state and of cities, counties,
townships, and villages.
(e) Make recommendations to the legislature on matters
pertaining to qualification and training of law enforcement
officers.
(f) Establish preservice basic training programs at colleges
and universities.
(g)
Require an examination for law enforcement officer
certification
under section 9a(1).
(h)
Issue a waiver as provided for under section 9(7), or
9(3)(c),
or 9(3)(h).
(g) (i)
Establish and charge a fee to
recover the cost of
testing and training individuals who are not employed by a Michigan
law enforcement agency.
(h) (j)
Establish and charge a fee to
recover the cost of
issuing
and reissuing certificates licenses
for individuals who are
certified
licensed as law enforcement officers in this state.
(2)
Fees charged under subsection (1)(i) (1)(g) and (j) (h)
shall
be deposited in the law enforcement officer officers training
to locals fund created in section 13.
Sec. 13. There is created in the state treasury a law
enforcement
officers training to locals fund, from which , the
legislature
shall appropriate sums deemed considered
necessary for
the purposes of this act. The commission may expend money from the
fund for the reasonable expenses of administering the fund.
Sec.
14. (1) The amounts annually appropriated by the
legislature
from the law enforcement officers training fund shall
be
paid by the state treasurer as follows:The commission may
annually expend an amount from the law enforcement officers
training to locals fund to cover the following:
(a)
In accordance with the accounting laws of the state upon
certification
of the executive director to reimburse an amount not
to
exceed the training costs incurred for each officer meeting the
recruitment
standards prescribed pursuant to this act during the
period
covered by the allocation, plus an amount not to exceed the
necessary
living expenses incurred by the officer that are
necessitated
by training requiring that he or she be away from his
or
her residence overnight.The
reasonable expenses of providing
staff services to the commission for administering the law
enforcement officers training to locals fund and performing and
enforcing the statutory requirements of this act.
(b)
For the maintenance and administration of law enforcement
officer
testing and certification provided for by this act.In
accordance with the accounting laws of this state, upon
certification of the executive director, reimbursement to law
enforcement agencies in an amount not to exceed the training costs
incurred for each law enforcement officer meeting the law
enforcement officer minimum standards prescribed under this act
during the period covered by the allocation.
(2)
If the money in the fund to be appropriated by the
legislature
for the training and living expenses described in
subsection
(1) are insufficient to allocate the amount for training
and
living purposes, the amount shall be reduced proportionately.
(3)
An allocation shall not be made from the fund under this
section
to a training agency or to a city, county, township, or
village
or agency of the state that has not, throughout the period
covered
by the allocation, adhered to the standards established by
the
commission as applicable to either training or to personnel
recruited
or trained by the training agency, city, county,
township,
or village or agency of the state during that period.
(4)
Expenditures from the fund to be appropriated by the
legislature
for law enforcement officer testing and certification
described
in subsection (1) shall not exceed the revenue generated
from
fees collected pursuant to section 11(1)(i) and (j).
Sec.
15. A training agency, city, county, township, or village
or
state law enforcement agency that desires to receive
reimbursement
pursuant to under section 14 shall apply to the
commission for the reimbursement. The application shall contain
information requested by the commission.
Sec. 16a. (1) A licensed law enforcement officer shall
promptly inform the commission in writing if he or she is charged
with any offense for which a law enforcement officer license may be
revoked or suspended under section 9b.
(2) A licensed law enforcement officer shall promptly inform
the commission in writing if he or she is the subject of a personal
protection order that has been issued after a judicial hearing
under section 2950 or 2950a of the revised judicature act of 1961,
1961 PA 236, MCL 600.2950 and 600.2950a, or under the laws of any
other jurisdiction.
(3) A law enforcement agency that has knowledge that a
licensed law enforcement officer it employs has been charged with
an offense specified in subsection (1) or has become the subject of
a personal protection order specified in subsection (2) shall
promptly report this information to the commission in writing.
(4) A county prosecuting attorney who has knowledge that a
licensed law enforcement officer has been charged with an offense
specified in subsection (1) or has become the subject of a personal
protection order specified in subsection (2) shall promptly report
this information to the commission in writing.
Sec. 16b. (1) The commission shall promulgate rules
establishing minimum standards for conducting employer background
investigations. The rules shall specify a form that employing
agencies may use to document the findings of background
investigations. Before employing an applicant, the employing agency
shall conduct a thorough background investigation in accordance
with the rules promulgated by the commission. The background
investigation shall include information setting forth facts and
reasons for any of the applicant's previous separations from
private employment, public employment, or appointment, as
represented by the applicant. For purposes of this subsection, the
term "separation from employment" includes any firing, termination,
resignation, retirement, or voluntary or involuntary extended leave
of absence from any salaried or nonsalaried position. The employing
agency shall maintain documentation of the background investigation
for a period consistent with its record retention schedules, and
that documentation shall be signed by the administrator of the
employing agency or his or her designee.
(2) Before employing an applicant, an authorized
representative of the employing agency shall execute and maintain
an affidavit of compliance on a form provided by the commission,
attesting to compliance with the rules promulgated by the
commission concerning comprehensive background investigations. The
affidavit shall include conspicuous language that intentional false
execution of the affidavit by the agency's authorized
representative constitutes perjury.
Sec. 16c. (1) Before conducting a background investigation, an
employing agency shall require an authorization and release from an
applicant. The employing agency shall use a commission-approved
authorization and release form that does both of the following:
(a) Authorizes the applicant's current or former employers to
disclose, in good faith, any substantiated unprofessional conduct
by the applicant and to provide to the requesting party copies of
all documents in the employee's personnel record maintained by
current or former employers relating to good-faith disclosures of
substantiated unprofessional conduct.
(b) Releases the current or former employers, and employees
acting on behalf of the current or former employers, from any
liability for good-faith disclosures of substantiated
unprofessional conduct, and waives written notice required under
the Bullard-Plawecki employee right to know act, 1978 PA 397, MCL
423.501 to 423.512.
(2) An employer shall not employ an applicant who refuses to
sign the authorization and release.
(3) Not later than 45 calendar days after receiving a request
under subsection (1), an employer shall provide the information
requested and make available copies of all documents in the
employee's personnel record relating to substantiated
unprofessional conduct as defined in this act. An employer,
employee, or agent acting on behalf of the employer, who discloses
information under this section in good faith, is immune from civil
liability for the disclosure. Good faith is presumed unless a
preponderance of the evidence establishes that the employer knew
that the information was false or misleading and was disclosed with
a reckless disregard for the truth or the disclosure was prohibited
by state or federal law.
(4) Information received under this section shall be used only
for the purposes of determining suitability for law enforcement
employment and licensure and shall not be disclosed to any person
not directly involved with the employer or the commission in the
evaluation process, unless disclosure is required by law or court
order.
(5) As used in this section, "substantiated unprofessional
conduct" means on- or off-duty conduct by an MCOLES licensed law
enforcement officer that, if established, could warrant revocation
or suspension under section 9b. Substantiated unprofessional
conduct does not include either of the following:
(a) Conduct that is subsequently determined to be
unsubstantiated by the employer, or an arbitrator or court
exercising jurisdiction over the law enforcement officer.
(b) Conduct described in documents or other recorded media
that have been expunged by an arbitrator or court exercising
jurisdiction over the law enforcement officer.
(6) This section does not supersede or abrogate any provisions
contained in the Bullard-Plawecki employee right to know act, 1978
PA 397, MCL 423.501 to 423.512.
(7) Reasonable fees may be charged to cover actual costs of
the employer in copying and furnishing documents to a law
enforcement agency conducting a background investigation on an
applicant for employment as a law enforcement officer.
Enacting section 1. Sections 4 and 16 of 1982 PA 302, MCL
28.604 and 28.616, are repealed.